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ASH v. TYSON FOODS, INC.

No. 08-16135.

664 F.3d 883 (2011)

Anthony ASH, et al., Plaintiffs, John Hithon, Plaintiff-Appellant-Cross-Appellee, v. TYSON FOODS, INC., a corporation, Defendant-Appellee-Cross-Appellant, Thomas Hatley, an individual, Defendant.

United States Court of Appeals, Eleventh Circuit.

December 16, 2011.

Attorney(s) appearing for the Case

Alicia K. Haynes , Haynes & Haynes, P.C., Birmingham, AL, for Appellant.

Peyton Lacy, Jr. , Brian Roberts Bostick , Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Birmingham, AL, for Appellee.

Debo P. Adegbile , NAACP Legal Defense & Educational Fund, Inc., New York City, Mark Sabel , Sabel & Sabel, P.C., Montgomery, AL, for amici curiae.

Before CARNES and PRYOR, Circuit Judges, and DOWD, District Judge.

CARNES, Circuit Judge:

The last opinion we issued in this case, Ash v. Tyson Foods, Inc., 392 Fed.Appx. 817 (11th Cir.2010) (Ash IV), was the fourth one in a series from this Court. See Ash v. Tyson Foods, Inc., 31 Fed. Appx. 938 (11th Cir.2002) (Ash I); Ash v. Tyson Foods, Inc., 129 Fed.Appx. 529 (11th Cir.2005) (Ash II), vacated, 546 U.S. 454, 126 S.Ct. 1195, 163 L.Ed.2d 1053 (2006...

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